K1 Visa is Rejected what are the alternatives? Can i apply for spouse visa?

[akshit 0]

hello -

K1 visa for my fiance got rejected at Mumbai Embasy because we already had a religious ceremony in India but since we didnt register for the wedding in India i was under the impression that we are not legally married until the wedding is registered. The Immigration officer told my wife that we need to file for Spouse Visa.

I didnt submit any wedding photos or anything but from the interview they some how figured out that we are married after hour and half of interview. My wife finally gave up an admitted that we had a religious ceremony.

I have to go back for a week to India and get my wedding registered. Before i start the I-130, I am wondering if I have any alternatives. Would this rejection impact the I-130 process?

I appreciate any guidance you can provide.

[canadian_wife 1,791]

I am sorry, but sadly this is not the first time it has happened. This is genreally why it is advisable not to have any sort of ceremony that may be interpreted as a wedding when applying for a K-1

Since you were rejeted under the presumption of being married, the denied K-1 shouldn't affect the spousal visa

have you thought of appealing? Not sure if this would work depending considering your 'wife' (as you call her even though you aren't married apparently) admitted to a wedding (but it depends on what she admitted to

Good luck

[sachinky 464]

Any form of religious ceremony in India, for all intents and purposes, is a LEGAL marriage whether you register it or not. My aunt and uncle got married in 1985, they still don't have their marriage certificate. Not that it matters.

Sindoor, mangalsutra, saath phere -- no court in India would void that. You're married in the eyes of God, government, and society. Take your pick.

The Embassy has access to all sorts of information you wouldn't normally think they would. It's best not to try to hoodwink them and play by the rules.

Go ahead and file for the CR-1 visa. Start with the I-130 petition. Read the guides. Good luck!

[sachinky 464]

This should really be a pinned note on the South Asia forum. A religious ceremony, with or without registration, is a LEGAL marriage as far India is concered. REALLY. I swear. I spoke to three lawyers before I got married and started the process.

How did they figure it out, btw? An hour and a half interview sounds brutal. They must have known something was up. Did your wife slip up refer to you as her husband? Mine was barely three minutes and that was through Mumbai as well.

[canadian_wife 1,791]

I light of the regional answers, I retract my 'why don't you appeal' suggestion since it appears you are legally married

Good luck

[Gary and Alla 3,694]

hello -

K1 visa for my fiance got rejected at Mumbai Embasy because we already had a religious ceremony in India but since we didnt register for the wedding in India i was under the impression that we are not legally married until the wedding is registered. The Immigration officer told my wife that we need to file for Spouse Visa.

I didnt submit any wedding photos or anything but from the interview they some how figured out that we are married after hour and half of interview. My wife finally gave up an admitted that we had a religious ceremony.

I have to go back for a week to India and get my wedding registered. Before i start the I-130, I am wondering if I have any alternatives. Would this rejection impact the I-130 process?

I appreciate any guidance you can provide.

File an I-130 for a CR-1 and wait for a year.

This is why I strongly recommend against "pretend" marriage ceremonies. The US recognizes religious ceremonies.

[TBoneTX 43,129]

This should really be a pinned note on the South Asia forum. A religious ceremony, with or without registration, is a LEGAL marriage as far India is concered. REALLY.

S., write Admiral Ewok and request pinning, si man.

[akshit 0]

Thank you guys for your feedback.

The reason given by the consulate for denial is "No Basis for K1 Visa".

I have not thought about appealing as I don't think that it will get overturned as they think Agni phera is considered as good as legal wedding.

Before I start my I-130 application., should I withdraw my K1 application from USCIS?

I really want to make sure I don't run into any issue this time.

Thanks,

[Aztec&Taino 144]

The OP's story should be a warning to all and any couples who go ahead with the fiance() visa petition, yet go ahead and have a ceremony, religious or not, love vows in front of family and friends, etc. Be aware that it is dangerous to have a ceremony that might be construed as a marriage as this post suggests since it might end in a visa denial...

[akshit 0]

Shoul I withdraw K1 visa from USCIS before filing for I-130?

[canadian_wife 1,791]

Probably a good idea

Good luck

[Moomin 292]

You already call your fiancee your wife. I imagine VJ members and I are not the only one picking up on that - just a little hint to why the K1 was denied. I wish you plenty of luck going down the spouse route instead

[Nemata Musa 5]

You already call your fiancee your wife. I imagine VJ members and I are not the only one picking up on that - just a little hint to why the K1 was denied. I wish you plenty of luck going down the spouse route instead

Withdraw the k1 and apply for the spouse....

[sachinky 464]

Withdraw the petition or it will just expire in four months, I think.

File for the I-130. As long as your relationship is bonafide and you have evidence of that, you shouldn't run into any other issues. Knock on wood.

The reason given for the denial makes sense. K-1 visas are for fiancees. She is no longer your fiancee, she is your wife, as per Indian marriage laws. USCIS will recognize any marriage as valid as long as it is legal in the country in which the marriage is performed.

It's not what they 'think' -- it's what is the law.